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FLUSHING HOSP. v. WOYTISEK

79 Misc.2d 827 (1974)

Flushing Hospital and Medical Center, Plaintiff, v. Robert E. Woytisek, Defendant and Third-Party Plaintiff-Respondent. Associated Hospital Service of New York, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

November 6, 1974

Attorney(s) appearing for the Case

Jerrold I. Ehrlich and Joseph M. Piepul for third-party defendant-appellant. Morris Weissberg and Robert J. Krengel for defendant and third-party plaintiff-respondent.

Concur: GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

MEMORANDUM.

Order, insofar as appealed from, reversed without costs, and motion to dismiss third-party complaint granted.

This action was instituted to recover the balance claimed due for hospital services rendered to defendant's wife. Defendant then instituted a third-party action to recover from Associated Hospital Service of New York (Blue Cross) the amount of any verdict or judgment which may be recovered against the defendant. Defendant's claim is based...

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